Thursday, June 14, 2012

Relevant paragraph at page 42 of the Book 'Advanced Study in the History of Medieval India


Relevant paragraph at page 42 of the   Book 'Advanced Study in the History of Medieval India (Vol. III: Medieval Indian Society and Culture) by J.L. Mehta is also relevant, the same is being quoted below:-
"Thus, Islam does not separate religion from politics; in fact, the concept of religion in Islam emerged first, the state was 'an after-thought'.  The additional Islamic law does not acknowledge 'the independent existence of state, nor is state regarded as a primary condition of human society.  It makes the State completely subservient to the religion of the Prophet.  According to the Islamic law, the state is only an instrument to serve the creed in the attainment of its objectives or fulfilment of ideals of the muslim brotherhood.  The Islamic theory of state was, therefore, based on a three fold idea of one scripture, one sovereign and one nation; scriptu was the hly Quran, sovereign was the imam (leader), also called Khalifa (the caliph)- political successor to the Prophet, and nation was the millat-the muslim brotherhood.  The basic feature of the state, according to this theory, was its 'indivisibility'  in all the three aspects.  It contemplated the establishment of a theocratic state based on the Islamic law, and recommended only one sovereign, the caliph, to rule over the whole of the muslim world.  The caliph was styled as the amir ul momnin-'the leader of the faithful'; his office was thus a political institution based on Islamic injunctions.  The sovereignty resided in the millat which elected their imam or the caliph, and the latter was under religious obligation to implement the Islamic law on and for the benefit of his muslim subjects.  The Islamic government was, therefore, one which was composed of the muslims, by the muslims and existed for the happiness and welfare of the muslims alone."
This paragraph has references of Books such as Arnol J Toynbee, A Study of History: 12 vols; OUP, 4th impression, 1948, IV, p. 230, Wolseley Haig, CHI,III, p.-10, A.B.M. Habibullah, Foundation of Muslim Rule in India; Allahabad, 2nd ed; 1961, p.2., Toynbee, Study of History, pp.clt; VI, p. 285,  Toynbee, Study of History, pp.clt; IV, p. 98,  Toynbee, Study of History, pp.clt; VI, pp.98-100,  Toynbee, Study of History, pp.clt; VI, p.5,129, 131-132, 245-60.
The percentage of different religion groups considered by the Constituent Assembly for minorities  were in three Groups, i.e., Group A- less than 1/2%, Group B- less than 1-1/2% and Group C- above 1-1/2%.  Muslims at that   time were  above      1-1/2%.  The Constituent Assembly fixed criteria for above 1-1/2% which may be interpreted as not more than 2% otherwise Constituent Assembly may have mentioned it less than 5%, but Constituent Assembly considered only above 1-1/2% in the Schedule which was adopted by the Constituent Assembly for recognising a religious community as minority.  It is worthy to notice here that Constituent Assembly was constituted before partition of the country. It was expected at the time of partition of India on the basis of two nations theory that most of Muslim population, which led agitation for dividing the country in united India (as is clear from Constituent Assembly Debates) would go to Pakistan and only a small group of such nationalist Muslims who supported Congress and opposed partition would remain in India and appropriate protection was required to be given to such Muslims only. Protection to minority in the Constitution  was given to different religious groups, i.e.,  Anglo Indians and Christians who were attached with the Britishers as dominant religious groups and after leaving Britishers from India being an insignificant group in the matter of population and were not in a position to affect democratic process were protected in the matter of religion, culture and educational institutions, though Christians in some States are now a major dominant religious force and also affects the democratic process such as North Eastern States, Kerala and some other States.  Similarly, Parsees who were small in number were also provided protection in regard to religion and culture etc. in view of the fact that they were not in a position to affect/dominate politics in India.  Sikhs were also given protection of minority as India was partitioned and lakhs of Sikhs lost their lives and some migrated from Pakistan to India and they constituted population at that time less than 1-1/2 per cent. But so far as Muslims are concerned, the assessment was that the total population of Muslims who would not leave India would be slightly above 1-1/2 percent as is clear from the Schedule prepared by the Advisory Committee on Minority headed by Sardar Vallabh Bhai Patel adopted by Constituent Assembly. Had the Constituent Assembly visualised this fact that after partition of India and after exchange of Hindu and Muslim population, substantial population of such Muslims who led agitation in different parts of India for partition of the country and divided the country would remain in India even after partition of the country and major part of Muslims population would not migrate to Pakistan, the Constituent Assembly would not have  fixed the criteria mentioned above.  That is why Constituent Assembly had fixed 1-1/2% criteria otherwise it would have fixed 5% or 10%.As held by the Apex Court in T.M.A. Foundation(supra) case that the provision of special rights to minorities was introduced to remove their sense of insecurity and lack of confidence, the provision of minority was not intended to create any privilege to any section of the society in the name of  minority institutions over and above rights of majority group (other than Muslims). It was to remove inequality vis-a-vis other communities and that is why 1-1/2% was fixed so far as Indian Muslims who   adopted   Indian citizenship after partition  as    Indians    are    concerned.      As stated above, Schedule prepared by the Advisory Committee on Minority was accepted by the Constituent Assembly which mentioned population of Muslims above 1-1/2% after partition and thus it was made the basis for determining religious minority of Muslims under Constitution.  

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